Rahima Rishi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63088 of 2025 Arising Out of PS. Case No.-148 Year-2024 Thana- KORHA District- Katihar ====================================================== Rahima Rishi S/o Shivnarayan Rishi Resident of Village- Parmanandpur Ward No. 4, P.S.- Korha, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Musowir, Advocate For the Opposite Party/s :
Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-11-2025 The petitioner is in judicial custody in connection with Korha P.S. Case No. 148 of 2024 for the offence punishable under Section 302 of the Indian Penal Code lodged on 05.06.2024 by the informant, Siken Rishi.
2. Earlier, the bail application has been rejected vide an order dated 11.12.2024 in Cr. Misc. No. 84228 of 2024.
3. As per the prosecution story, the informant alleged that the petitioner was having quarrel with his wife. To save herself, she entered the house of a neighbour, the informant. The further allegation is that the petitioner followed his wife and after taking the lady to the court yard, gave 'lathi' blow on the chest which led to immediate death of the informant's mother. The locals who rushed to the place of occurrence caught hold of the petitioner and handed over to the Police. This followed the
Patna High Court CR. MISC. No.63088 of 2025(3) dt.14-11-2025 2/3 FIR.
4. Learned counsel for the petitioner submits that he is not going on merit though there is single blow, despite the fact that the petitioner is in custody since 06.06.2024, the trial has not started.
5. Learned APP, Mr. Bharat Bhushan opposes the prayer submitting that though single blow, he firstly assaulted the wife and then when she went to the other house, went there and assaulted in which the lady got hit and died.
6. Considering the facts that the allegation is there, the petitioner is in custody since 06.06.2024, he do not have criminal antecedent, the trial court report was called for, according to which, the trial has not started though charges have been framed, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-VIII, Katihar, in connection with Korha P.S. Case No. 148 of 2024 subject to the following conditions: (i) one of the bailor should be the family
Patna High Court CR. MISC. No.63088 of 2025(3) dt.14-11-2025 3/3 member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T